Common use of Responsibility of User Clause in Contracts

Responsibility of User. The portions of the posted highways and appurtenances shall be maintained to a level consistent with the existing state of repair and requirements included in the attached Exhibit “A.” The USER may be required to provide a maintenance plan detailing expected maintenance procedures and related items to be employed by the USER. The Exhibit “A” may include a maintenance plan or a reference to a maintenance plan, which if referenced shall be a part of Exhibit “A” as though physically attached. The nonperformance of normal maintenance by the POSTING AUTHORITY shall under no circumstances constitute grounds for an offset or credit against any excess maintenance, preventative maintenance or restoration responsibilities of the USER. The posting authority shall determine in its discretion whether the excess and preventative maintenance and restoration are satisfactory.